A SECOND AUTO ACCIDENT WHILE CLAIM IS PENDING ON FIRST AUTO ACCIDENT

Nov19

Written by:11/19/2014 12:49 PM

Infrequently, but not uncommonly, I am handling a claim for damages sustained by my client arising out of being rear-ended while at a stop. The client has soft tissue injuries, whiplash, or lumbar strain. They have been in medical treatment, they are going to physical therapy, and they may have had epidural steroid injections. They are doing much better, but not fully recovered or at maximum medical improvement. Then out of nowhere, they are involved in a second rear-end collision and their symptoms are suddenly much worse, they are set back, and they either have new injuries or the existing injuries are made much worse.

I recommend that they immediately go back to the physician who last evaluated and treated them prior to the second auto accident to be re-evaluated. The client needs to make sure the treating physician knows exactly what their condition was prior to the second auto accident, and then do a detailed evaluation and document any and all changes that signify that a new injury has occurred or that the healing process of the first injury was disrupted and that the first injury has been exacerbated. This re-evaluation needs to occur as soon as possible. It is very important to take photos of the damage to the victim’s car to show the doctor, so that the doctor knows what kind of impact forces were involved in the second auto accident.

When I make a claim against the insurance carrier for the party whose negligence caused the second auto accident and begin to produce my client’s medical records in support of such claim, that insurance carrier will see there is a previous auto accident for which my client is receiving medical treatment and most often that insurance carrier will deny the claim and take the position that all of my client’s injury and damages were caused by the first auto accident. As soon as the insurance carrier for the party whose negligence caused the first auto accident learns of the second auto accident, that insurance carrier will point the finger of blame at the insurance carrier for the second accident and the insurance carrier for the second accident will point the finger of blame at the insurance carrier for the driver whose negligence caused the first injury. At this point, it is inevitable to me that a lawsuit is necessary. I am of the opinion that neither claim can get resolved fairly unless a lawsuit is commenced against the negligent drivers in both auto accidents. Once discovery starts, the treating doctors will have to be deposed state their opinions as to what injuries and treatment were necessitated by which auto accident. After those depositions take place, the both cases can usually be resolved by settlement.

VERDICTS AND SETTLEMENTS in which Rockne W. Onstad was Lead Counsel or Co-Counsel

Case Details

Settlement for two U.S. Army pilots who sustained serious spinal injuries in Iraq when an Apache Longbow helicopter they were piloting lost directional control due to a defective intermediate gearbox and crashed. This was a product liability action brought against the manufacturer of the Apache Longbow, the manufacturer of the intermediate gearbox, and the manufacturer of the vibration detector. A combination of defects led to the crash. The intermediate gearbox failed on account of manufacturing defects, as it was not properly lubricated when manufactured. A vibration detection system with vibration sensors affixed to the intermediate gearbox failed and deprived the pilots the necessary information that a vibration was occurring in the intermediate gear box. The helicopter hit the ground in a flat attitude. Both pilots sustained multiple fracture dislocations of vertebrae in their cervical spines. Both pilots required extensive surgical fixation of the fractures. One pilot was able to return to duty. The other pilot suffered quadriplegia.

Settlement for two U.S. Army pilots who sustained serious spinal injuries in Iraq when an Apache Longbow helicopter they were piloting lost directional control due to a defective intermediate gearbox and crashed. This was a product liability action brought against the manufacturer of the Apache Longbow, the manufacturer of the intermediate gearbox, and the manufacturer of the vibration detector. A combination of defects led to the crash. The intermediate gearbox failed on account of manufacturing defects, as it was not properly lubricated when manufactured. A vibration detection system with vibration sensors affixed to the intermediate gearbox failed and deprived the pilots the necessary information that a vibration was occurring in the intermediate gear box. The helicopter hit the ground in a flat attitude. Both pilots sustained multiple fracture dislocations of vertebrae in their cervical spines. Both pilots required extensive surgical fixation of the fractures. One pilot was able to return to duty. The other pilot suffered quadriplegia.

Case Details

Settlement for two wrongful deaths on account of a defective carburetor on a Cessna aircraft that caused a crash immediately following a take-off. The carburetor in question was defectively designed. The venturi inside the carburetor could melt and get sucked into the intake manifold of the engine causing an engine failure. There was a maintenance bulletin out to replace the venture. The Cessna was in for maintenance, but the maintenance bulletin was not carried out. This case is reported in the ATLA Law reporter at 14 PLLR 48.

Settlement for two wrongful deaths on account of a defective carburetor on a Cessna aircraft that caused a crash immediately following a take-off. The carburetor in question was defectively designed. The venturi inside the carburetor could melt and get sucked into the intake manifold of the engine causing an engine failure. There was a maintenance bulletin out to replace the venture. The Cessna was in for maintenance, but the maintenance bulletin was not carried out. This case is reported in the ATLA Law reporter at 14 PLLR 48.

Case Details

Settlement for a woman who sustained a brain injury on a defectively designed water slide at a water park. Our client was at a water park and sliding feet first down a slide that was built into the side of an artificial cliff. The slide had a steep drop and turns. Our client’s head struck the hard cement side of the slide at the bottom as she exited the slide and entered the water. She sustained a subdural hematoma and a cerebral hematoma. The brain injury was so severe that she would require living in a highly supervised environment for the rest of her life. This case is reported in the ATLA Law reporter at 28 ATLA L. Rep. 34.

Settlement for a woman who sustained a brain injury on a defectively designed water slide at a water park. Our client was at a water park and sliding feet first down a slide that was built into the side of an artificial cliff. The slide had a steep drop and turns. Our client’s head struck the hard cement side of the slide at the bottom as she exited the slide and entered the water. She sustained a subdural hematoma and a cerebral hematoma. The brain injury was so severe that she would require living in a highly supervised environment for the rest of her life. This case is reported in the ATLA Law reporter at 28 ATLA L. Rep. 34.

Case Details

Settlement for a baby on account of cerebral palsy caused by a family practitioner failing to timely respond to fetal distress. The mother was laboring in a hospital, when the fetal heart monitor began to show non-reassuring fetal heart tones and fetal distress. The pregnancy had been managed by a family practitioner. The family practitioner did not expedite the delivery of the baby, in spite of the ongoing fetal distress, and he did not call in an obstetrician. Eventually, labor nurses responded by summoning an obstetrician, who delivered the baby by Cesarean section. However, the delivery was too late. The baby sustained a hypoxic-ischemic encephalopathy, seizures, and metabolic acidosis, which caused the baby to develop cerebral palsy. This case was reported in the ATLA Professional Negligence Law Reporter at 6 PNLR 129.

Settlement for a baby on account of cerebral palsy caused by a family practitioner failing to timely respond to fetal distress. The mother was laboring in a hospital, when the fetal heart monitor began to show non-reassuring fetal heart tones and fetal distress. The pregnancy had been managed by a family practitioner. The family practitioner did not expedite the delivery of the baby, in spite of the ongoing fetal distress, and he did not call in an obstetrician. Eventually, labor nurses responded by summoning an obstetrician, who delivered the baby by Cesarean section. However, the delivery was too late. The baby sustained a hypoxic-ischemic encephalopathy, seizures, and metabolic acidosis, which caused the baby to develop cerebral palsy. This case was reported in the ATLA Professional Negligence Law Reporter at 6 PNLR 129.

Case Details

Jury verdict for wrongful death due to pilot negligence in a Beech 99 commuter airliner. The pilot attempted to take off without removing the control lock pin off of the controls and crashed on takeoff. The aircraft burst into flames, and our client was burned to death. This case is reported in the ATLA Law reporter at 27 ATLA L. Rep. 23.

Jury verdict for wrongful death due to pilot negligence in a Beech 99 commuter airliner. The pilot attempted to take off without removing the control lock pin off of the controls and crashed on takeoff. The aircraft burst into flames, and our client was burned to death. This case is reported in the ATLA Law reporter at 27 ATLA L. Rep. 23.

Case Details

Settlement for a baby on account of cerebral palsy caused by labor and delivery nurses failing to timely notify the obstetrician of fetal distress. The mother was in labor in a hospital. The fetal heart monitor began displaying non-reassuring fetal heart tones, late decelerations, and a loss of beat to beat variability. The labor nurse did not timely notify the attending obstetrician that the fetal heart monitor was displaying non-reassuring fetal heart tones, late decelerations, and a loss of beat to beat variability. Eventually, the obstetrician was notified that the fetal heart monitor was displaying non-reassuring fetal heart tones, late decelerations, and a loss of beat to beat variability, and an emergency Cesarean section was carried out. However, the delivery was too late. The baby sustained a hypoxic-ischemic encephalopathy, seizures, and metabolic acidosis, which caused the baby to develop cerebral palsy.

Settlement for a baby on account of cerebral palsy caused by labor and delivery nurses failing to timely notify the obstetrician of fetal distress. The mother was in labor in a hospital. The fetal heart monitor began displaying non-reassuring fetal heart tones, late decelerations, and a loss of beat to beat variability. The labor nurse did not timely notify the attending obstetrician that the fetal heart monitor was displaying non-reassuring fetal heart tones, late decelerations, and a loss of beat to beat variability. Eventually, the obstetrician was notified that the fetal heart monitor was displaying non-reassuring fetal heart tones, late decelerations, and a loss of beat to beat variability, and an emergency Cesarean section was carried out. However, the delivery was too late. The baby sustained a hypoxic-ischemic encephalopathy, seizures, and metabolic acidosis, which caused the baby to develop cerebral palsy.

Case Details

Settlement for a man who sustained a spinal cord injury in a pick-up truck rollover that was cause by a defective suspension component. Our client was driving the pickup truck down the highway when it suddenly went out of control and rolled. A component in the front suspension failed, causing the chassis to drop down and impinge upon a front wheel. After the crash, the manufacturer issued a recall for the defective component. Our client’s spinal cord injury left him permanently paralyzed from the waist down.

Settlement for a man who sustained a spinal cord injury in a pick-up truck rollover that was cause by a defective suspension component. Our client was driving the pickup truck down the highway when it suddenly went out of control and rolled. A component in the front suspension failed, causing the chassis to drop down and impinge upon a front wheel. After the crash, the manufacturer issued a recall for the defective component. Our client’s spinal cord injury left him permanently paralyzed from the waist down.

Case Details

Bench verdict in Federal Court for a brain injury to check pilot in a Lear Jet crash caused by the negligence of an FAA check pilot who allowed the pilot being checked to make a second V1 cut, resulting in a high speed ground loop on take-off. This was a federal tort claims act case against the United States of America on account of negligence of one of its employees, the check pilot. Our client was the check pilot, who was seated next to the pilot being given the test flight. The FAA flight examiner was seated in the jump seat. FAA rules required that if the pilot being tested fails the V1 cut maneuver on a check flight, the check flight is over. The FAA flight examiner allowed a second V1 cut. It was during the second V1 cut that the pilot lost control during the takeoff, causing the Lear jet to enter into a yaw induced roll, and crashing. Our client was the check pilot. The pilot being tested was killed. The verdict was appealed by the United States of America and it was affirmed by the United States Court of Appeals, Fifth Circuit. This case is reported in the ATLA Law reporter at 33 ATLA L. Rep. 192.

Bench verdict in Federal Court for a brain injury to check pilot in a Lear Jet crash caused by the negligence of an FAA check pilot who allowed the pilot being checked to make a second V1 cut, resulting in a high speed ground loop on take-off. This was a federal tort claims act case against the United States of America on account of negligence of one of its employees, the check pilot. Our client was the check pilot, who was seated next to the pilot being given the test flight. The FAA flight examiner was seated in the jump seat. FAA rules required that if the pilot being tested fails the V1 cut maneuver on a check flight, the check flight is over. The FAA flight examiner allowed a second V1 cut. It was during the second V1 cut that the pilot lost control during the takeoff, causing the Lear jet to enter into a yaw induced roll, and crashing. Our client was the check pilot. The pilot being tested was killed. The verdict was appealed by the United States of America and it was affirmed by the United States Court of Appeals, Fifth Circuit. This case is reported in the ATLA Law reporter at 33 ATLA L. Rep. 192.

Case Details

Settlement for man who sustained a cauda equine syndrome on account of neurosurgical malpractice. The victim underwent surgery on two occasions at the hands of a neurosurgeon for a Tarlov cyst between the S1-S2 region of his spine. The neurosurgeon reported that he removed the Tarlov cyst. The victim continued to worsen and got a second opinion from a different neurosurgeon. The second neurosurgeon operated to remove the Tarlov cyst and discovered that the negligent surgeon had never operated at the level of the Tarlov cyst, and had not removed the Tarlov cyst. The negligent neurosurgeon had operated at the wrong level of the spine on two occasions, and caused the cauda equine syndrome.

Settlement for man who sustained a cauda equine syndrome on account of neurosurgical malpractice. The victim underwent surgery on two occasions at the hands of a neurosurgeon for a Tarlov cyst between the S1-S2 region of his spine. The neurosurgeon reported that he removed the Tarlov cyst. The victim continued to worsen and got a second opinion from a different neurosurgeon. The second neurosurgeon operated to remove the Tarlov cyst and discovered that the negligent surgeon had never operated at the level of the Tarlov cyst, and had not removed the Tarlov cyst. The negligent neurosurgeon had operated at the wrong level of the spine on two occasions, and caused the cauda equine syndrome.

Case Details

Settlement for wrongful death of 2 men that were killed when a Hughes 269C helicopter sustained an engine failure and crashed on account of the defective aerodynamic characteristics of the helicopter following a power failure. The helicopter was defectively designed. The design defect was that if there was an engine failure, and the pilot needed to commence an autorotation, the helicopter would “tuck.” The “tuck” feature meant that the nose of the helicopter would tuck nose down and roll. When it tucked, it was virtually impossible to recover from the tuck. This case was reported in ATLA Reporter at 32 ALTA Rep. 10.

Settlement for wrongful death of 2 men that were killed when a Hughes 269C helicopter sustained an engine failure and crashed on account of the defective aerodynamic characteristics of the helicopter following a power failure. The helicopter was defectively designed. The design defect was that if there was an engine failure, and the pilot needed to commence an autorotation, the helicopter would “tuck.” The “tuck” feature meant that the nose of the helicopter would tuck nose down and roll. When it tucked, it was virtually impossible to recover from the tuck. This case was reported in ATLA Reporter at 32 ALTA Rep. 10.

Case Details

Settlement for a woman who sustained compression fractures in her spine in a motor vehicle collision. The victim was driving on a highway at highway speed and was hit from behind by a pickup truck that was speeding. The victim sustained compression fractures in her spine, with resulting necessity for a surgical tendon transplant and residual permanent ankle injuries.. The employer of the driver of the truck was guilty of gross negligent entrustment. Case was reported in the ATLA Law Reporter, 28 ATLA L. Rep. 387.

Settlement for a woman who sustained compression fractures in her spine in a motor vehicle collision. The victim was driving on a highway at highway speed and was hit from behind by a pickup truck that was speeding. The victim sustained compression fractures in her spine, with resulting necessity for a surgical tendon transplant and residual permanent ankle injuries.. The employer of the driver of the truck was guilty of gross negligent entrustment. Case was reported in the ATLA Law Reporter, 28 ATLA L. Rep. 387.

Case Details

Settlement for wrongful death of parents for teenage girl, whose parents died in a fire in a hotel on account of negligence on the part of the hotel for the fire alarm system not functioning. The parents died from smoke inhalation, as they were trapped in their hotel room and could not escape. The case was reported in the ATLA Law Reporter Vol. 26 No. 6.

Settlement for wrongful death of parents for teenage girl, whose parents died in a fire in a hotel on account of negligence on the part of the hotel for the fire alarm system not functioning. The parents died from smoke inhalation, as they were trapped in their hotel room and could not escape. The case was reported in the ATLA Law Reporter Vol. 26 No. 6.

Case Details

Settlement for an arm amputation on a six year old boy caused by a defect on a farm tractor's guard for the power take off. The tractor in question was bought as a used tractor for use on a farm. The original design of the tractor had a guard around the power take off. The guard had been removed, and at the time the tractor was resold, there was no guard on the power take off. Our client was helping his grandfather with farm chores, and he would jump up on a bracket just beneath the power take off and ride as the tractor was moved from place to place. His grandfather stopped the tractor at a gate, and our client hopped off to go open the gate. However, when he hopped off, his jacket contacted the power take off, which was spinning. The power take off wrapped up the jacket causing one of his arms to be traumatically amputated.

Settlement for an arm amputation on a six year old boy caused by a defect on a farm tractor's guard for the power take off. The tractor in question was bought as a used tractor for use on a farm. The original design of the tractor had a guard around the power take off. The guard had been removed, and at the time the tractor was resold, there was no guard on the power take off. Our client was helping his grandfather with farm chores, and he would jump up on a bracket just beneath the power take off and ride as the tractor was moved from place to place. His grandfather stopped the tractor at a gate, and our client hopped off to go open the gate. However, when he hopped off, his jacket contacted the power take off, which was spinning. The power take off wrapped up the jacket causing one of his arms to be traumatically amputated.

Case Details

Case Details

Settlement for a brain injury sustained by a man on account of anesthesia malpractice. The victim sustained a laceration to his hand that cut a nerve. A plastic surgeon was attempting to repair the cut nerve using an operating microscope. The victim was put under general anesthesia. During the nerve repair surgery, the breathing hose on the anesthesia machine disconnected from the endotracheal tube in the victim, resulting in lack of oxygen getting to the victim. The anesthesiologist was not paying attention to the monitors, and the alarms on the anesthesia equipment had been turned off. The disconnection was not discovered until the victim had a cardiac arrest. The victim was resuscitated. However, the victim sustained an anoxic brain injury. The Case was reported in the ATLA Professional Negligence Law Reporter, 3 PNRL 55.

Settlement for a brain injury sustained by a man on account of anesthesia malpractice. The victim sustained a laceration to his hand that cut a nerve. A plastic surgeon was attempting to repair the cut nerve using an operating microscope. The victim was put under general anesthesia. During the nerve repair surgery, the breathing hose on the anesthesia machine disconnected from the endotracheal tube in the victim, resulting in lack of oxygen getting to the victim. The anesthesiologist was not paying attention to the monitors, and the alarms on the anesthesia equipment had been turned off. The disconnection was not discovered until the victim had a cardiac arrest. The victim was resuscitated. However, the victim sustained an anoxic brain injury. The Case was reported in the ATLA Professional Negligence Law Reporter, 3 PNRL 55.

Case Details

Settlement for minor on account of spinal cord injury sustained when he was thrown off of a defective Honda three-wheel all terrain vehicle (ATV). Our client was eight years old. He was operating the ATV on a bumpy dirt road. He got thrown off the ATV. The spinal cord injury caused him to develop permanent paraplegia. The design defect was that the that the ATV’s low pressure large tires caused the ATV to generate forces that a child could not overcome. The ATV was like riding a bull, and no child was strong enough to be able to stay on the ATV if it was ridden over rough terrain. Our client has permanent paraplegia. This case was reported in the ATLA Product Liability Reporter at 8 PLLR 8

Settlement for minor on account of spinal cord injury sustained when he was thrown off of a defective Honda three-wheel all terrain vehicle (ATV). Our client was eight years old. He was operating the ATV on a bumpy dirt road. He got thrown off the ATV. The spinal cord injury caused him to develop permanent paraplegia. The design defect was that the that the ATV’s low pressure large tires caused the ATV to generate forces that a child could not overcome. The ATV was like riding a bull, and no child was strong enough to be able to stay on the ATV if it was ridden over rough terrain. Our client has permanent paraplegia. This case was reported in the ATLA Product Liability Reporter at 8 PLLR 8

Case Details

Settlement for a baby who developed cerebral palsy due to obstetrical negligence. The mother went to the hospital complaining of abdominal pain, elevated blood pressure, low platelets, and increased liver function. She was released and sent home. Two days later, a sonogram showed severe intrauterine growth retardation (IUGR) and insufficient amniotic fluid (oligohydramnios). A fetal stress test was not performed. The next morning the mother returned to the hospital still complaining of abdominal pain. A surgeon negligently performed an appendectomy and removed a healthy appendix. Six days later a fetal stress test was finally performed and there were late decelerations and decreased beat to beat variability. The baby was finally delivered by emergency Cesarean section. The baby was meconium stained, acidotic, and had suffered an intraventricular hemorrhage, and cerebral palsy. This case was reported in the ATLA Professional Liability Reporter at 4 PNLR 192.

Settlement for a baby who developed cerebral palsy due to obstetrical negligence. The mother went to the hospital complaining of abdominal pain, elevated blood pressure, low platelets, and increased liver function. She was released and sent home. Two days later, a sonogram showed severe intrauterine growth retardation (IUGR) and insufficient amniotic fluid (oligohydramnios). A fetal stress test was not performed. The next morning the mother returned to the hospital still complaining of abdominal pain. A surgeon negligently performed an appendectomy and removed a healthy appendix. Six days later a fetal stress test was finally performed and there were late decelerations and decreased beat to beat variability. The baby was finally delivered by emergency Cesarean section. The baby was meconium stained, acidotic, and had suffered an intraventricular hemorrhage, and cerebral palsy. This case was reported in the ATLA Professional Liability Reporter at 4 PNLR 192.

Case Details

Settlement for man who sustained multiple ruptured lumbar disks in a construction accident. He was involved in concrete being poured when too much concrete was poured. The weight of the concrete caused a scaffolding collapse. Our client went down into the scaffolding when it collapsed. The client required a lumbar fusion.

Settlement for man who sustained multiple ruptured lumbar disks in a construction accident. He was involved in concrete being poured when too much concrete was poured. The weight of the concrete caused a scaffolding collapse. Our client went down into the scaffolding when it collapsed. The client required a lumbar fusion.

Case Details

Settlement for subdural hematoma caused by defective helmet. Our client was wake boarding, and wearing a helmet that was sold as a wakeboarding helmet. Our client took a hard fall hitting his helmeted head against the surface of the water. Our contention was that the helmet was not suitable for use in wakeboarding. The helmet increased the impact forces the head would experience, over and above the impact forces that a head with no helmet would experience in an identical impact. The resultant increase in the impact forces caused the brain to undergo shearing forces inside the skull, tearing blood vessels between the dura and the brain.

Settlement for subdural hematoma caused by defective helmet. Our client was wake boarding, and wearing a helmet that was sold as a wakeboarding helmet. Our client took a hard fall hitting his helmeted head against the surface of the water. Our contention was that the helmet was not suitable for use in wakeboarding. The helmet increased the impact forces the head would experience, over and above the impact forces that a head with no helmet would experience in an identical impact. The resultant increase in the impact forces caused the brain to undergo shearing forces inside the skull, tearing blood vessels between the dura and the brain.

Case Details

Settlement for baby on account of cerebral palsy caused by obstetric nurses failing to notify the obstetrician of non-reassuring fetal heart patterns and for the hospital failing to have proper resuscitation equipment and personnel in attendance at the delivery. During labor, Pitocin was used to augment the labor. The nurses failed to properly administer the Pitocin and turn it down. There was uterine hyperstimulation present, tachysystole present, and eventually a pattern of non-reassuring fetal heart tones and fetal distress developed. The labor nurse failed to timely inform the obstetrician of the non-reassuring fetal heart pattern. The labor nurse failed to timely inform the newborn nursery personnel to be in attendance at the birth. There was also terminal meconium present. When the obstetrician showed up to deliver the baby, he had no idea that for the past hour and forty minutes that the baby had been in fetal distress. When the baby was delivered vaginally, the baby was very depressed, hypoxic, with a low Apgar score and acidosis. The baby was in need of immediate resuscitation at birth, but there were no trained personnel at the delivery to resuscitate the baby. The baby did not breathe for over five minutes. The baby suffered a hypoxic-ischemic brain injury, metabolic acidosis, and seizures, which caused the baby to develop cerebral palsy.

Settlement for baby on account of cerebral palsy caused by obstetric nurses failing to notify the obstetrician of non-reassuring fetal heart patterns and for the hospital failing to have proper resuscitation equipment and personnel in attendance at the delivery. During labor, Pitocin was used to augment the labor. The nurses failed to properly administer the Pitocin and turn it down. There was uterine hyperstimulation present, tachysystole present, and eventually a pattern of non-reassuring fetal heart tones and fetal distress developed. The labor nurse failed to timely inform the obstetrician of the non-reassuring fetal heart pattern. The labor nurse failed to timely inform the newborn nursery personnel to be in attendance at the birth. There was also terminal meconium present. When the obstetrician showed up to deliver the baby, he had no idea that for the past hour and forty minutes that the baby had been in fetal distress. When the baby was delivered vaginally, the baby was very depressed, hypoxic, with a low Apgar score and acidosis. The baby was in need of immediate resuscitation at birth, but there were no trained personnel at the delivery to resuscitate the baby. The baby did not breathe for over five minutes. The baby suffered a hypoxic-ischemic brain injury, metabolic acidosis, and seizures, which caused the baby to develop cerebral palsy.

Case Details

Settlement for wrongful death of a woman due to a certified registered nurse anesthetist (CRNA) negligently placing an endotracheal tube into her esophagus and not her tracheal during an elective Cesarean section. The decedent underwent a scheduled Cesarean section under general anesthesia. The general anesthesia was administered by a CRNA. The CRNA negligently placed the endotracheal tube in the patient’s esophagus, and not the trachea. The patient developed hypoxia and then a cardiac arrest. A code team was summoned, and then it was discovered that the endotracheal tube was in the esophagus. The patient died in the operating room.

Settlement for wrongful death of a woman due to a certified registered nurse anesthetist (CRNA) negligently placing an endotracheal tube into her esophagus and not her tracheal during an elective Cesarean section. The decedent underwent a scheduled Cesarean section under general anesthesia. The general anesthesia was administered by a CRNA. The CRNA negligently placed the endotracheal tube in the patient’s esophagus, and not the trachea. The patient developed hypoxia and then a cardiac arrest. A code team was summoned, and then it was discovered that the endotracheal tube was in the esophagus. The patient died in the operating room.

Case Details

Settlement for a woman who sustained a brain injury on account of a defective catheter and glue used to embolize an arterio-venous malformation (AVM) in her brain. Our client underwent the embolization procedure in order to facilitate a neurosurgical procedure to remove the AVM. The catheter in question was accompanied by warnings not to use it with glue. The glue was accompanied by warnings not to use it with the type of catheter in question. The radiologist who did the embolization had never used the catheter in question with the glue in question. The embolization procedure required the radiologist to maneuver the tip of the catheter into the arterial feeds of the AVM, and then inject some glue through the catheter into the arterial feeds. When the radiologist made the first injection of glue, the catheter tip ruptured. When the catheter tip ruptured, glue got loose in the basilar artery, and caused a stroke. The case involved both claims of negligence against the radiologist and claims of product defect against the manufacturer of the glue and catheter.

Settlement for a woman who sustained a brain injury on account of a defective catheter and glue used to embolize an arterio-venous malformation (AVM) in her brain. Our client underwent the embolization procedure in order to facilitate a neurosurgical procedure to remove the AVM. The catheter in question was accompanied by warnings not to use it with glue. The glue was accompanied by warnings not to use it with the type of catheter in question. The radiologist who did the embolization had never used the catheter in question with the glue in question. The embolization procedure required the radiologist to maneuver the tip of the catheter into the arterial feeds of the AVM, and then inject some glue through the catheter into the arterial feeds. When the radiologist made the first injection of glue, the catheter tip ruptured. When the catheter tip ruptured, glue got loose in the basilar artery, and caused a stroke. The case involved both claims of negligence against the radiologist and claims of product defect against the manufacturer of the glue and catheter.

Case Details

Settlement for a baby on account of cerebral palsy caused by obstetrical negligence in the use of forceps during a delivery. During labor, the fetus failed to descend. The obstetrician attempted a high forceps delivery. The baby sustained a traumatic brain injury due to negligent use of forceps. The baby developed seizures and cerebral palsy. This case was reported in the ATLA Professional Negligence Law Reporter at 10 PNLR 71.

Settlement for a baby on account of cerebral palsy caused by obstetrical negligence in the use of forceps during a delivery. During labor, the fetus failed to descend. The obstetrician attempted a high forceps delivery. The baby sustained a traumatic brain injury due to negligent use of forceps. The baby developed seizures and cerebral palsy. This case was reported in the ATLA Professional Negligence Law Reporter at 10 PNLR 71.

Case Details

Settlement for a baby on account of cerebral palsy caused by an obstetrician negligently dismissing the mother from the hospital and sending her home, after a fetal heart monitor showed the fetus was having late decelerations. The mother went to the hospital to have her fetus evaluated. A fetal monitor was hooked up and showed the fetus was having late decelerations. The obstetrician on call did not order a non-stress test or a sonogram, and sent the mother home. A few days later, the fetus had stopped moving. When the mother returned to the hospital, the fetus was severely distressed and an emergency Cesarean section was performed. The baby had metabolic acidosis and developed seizures, and as a result developed cerebral palsy. This case was reported in the ATLA Professional Negligence Law Reporter at 8 PNLR 108.

Settlement for a baby on account of cerebral palsy caused by an obstetrician negligently dismissing the mother from the hospital and sending her home, after a fetal heart monitor showed the fetus was having late decelerations. The mother went to the hospital to have her fetus evaluated. A fetal monitor was hooked up and showed the fetus was having late decelerations. The obstetrician on call did not order a non-stress test or a sonogram, and sent the mother home. A few days later, the fetus had stopped moving. When the mother returned to the hospital, the fetus was severely distressed and an emergency Cesarean section was performed. The baby had metabolic acidosis and developed seizures, and as a result developed cerebral palsy. This case was reported in the ATLA Professional Negligence Law Reporter at 8 PNLR 108.

Case Details

Case Details

Jury verdict for wrongful death due to pilot error. The pilot error was that the pilot was attempting to fly in bad weather with poor visibility in a Bell helicopter. The weather conditions required that the pilot be instrument qualified. The pilot was not instrument qualified. The pilot lost control and crashed. Following the jury verdict, the insurance carrier for the pilot successfully filed a declaratory judgment action for a judicial determination that the insurance policy did not provide coverage for the damages.

Jury verdict for wrongful death due to pilot error. The pilot error was that the pilot was attempting to fly in bad weather with poor visibility in a Bell helicopter. The weather conditions required that the pilot be instrument qualified. The pilot was not instrument qualified. The pilot lost control and crashed. Following the jury verdict, the insurance carrier for the pilot successfully filed a declaratory judgment action for a judicial determination that the insurance policy did not provide coverage for the damages.

Case Details

Settlement for woman who developed a cauda equina syndrome caused by neurosurgeon negligence in failing to timely diagnose and treat an epidural abscess. The victim underwent a hemilaminectomy performed by a neurosurgeon. She developed signs and symptoms of an operative site infection and went back to the surgeon on multiple occasions. The neurosurgeon negligently failed to diagnose that the patient had an abscess at the operative site. The woman also sought second opinions from two additional physicians, who both failed to diagnose the epidural abscess. The epidural abscess was eventually diagnosed, but not before a cauda equine syndrome had developed. The original surgeon paid his policy limits, and the other two physicians paid the rest of the settlement.

Settlement for woman who developed a cauda equina syndrome caused by neurosurgeon negligence in failing to timely diagnose and treat an epidural abscess. The victim underwent a hemilaminectomy performed by a neurosurgeon. She developed signs and symptoms of an operative site infection and went back to the surgeon on multiple occasions. The neurosurgeon negligently failed to diagnose that the patient had an abscess at the operative site. The woman also sought second opinions from two additional physicians, who both failed to diagnose the epidural abscess. The epidural abscess was eventually diagnosed, but not before a cauda equine syndrome had developed. The original surgeon paid his policy limits, and the other two physicians paid the rest of the settlement.

Case Details

Settlement for a U.S. Army pilot of an Apache helicopter who was burned during a hot refueling incident due to a defective refueling nozzle that resulted in a ground explosive fire. The Apache helicopter was being refueled at a tactical refueling setup. The nozzle on the end of the refueling hose that connects to the helicopter was defectively designed because it could be hooked up backwards and still connect to the helicopter. The nozzle was connected backwards, and when the fuel began to flow to the helicopter the nozzle broke loose and fuel was sprayed all over the helicopter. The pilot was forced to open the cockpit and jump into the flames to avoid being completely immolated. The pilot sustained third degree burns to his face and parts of his body.

Settlement for a U.S. Army pilot of an Apache helicopter who was burned during a hot refueling incident due to a defective refueling nozzle that resulted in a ground explosive fire. The Apache helicopter was being refueled at a tactical refueling setup. The nozzle on the end of the refueling hose that connects to the helicopter was defectively designed because it could be hooked up backwards and still connect to the helicopter. The nozzle was connected backwards, and when the fuel began to flow to the helicopter the nozzle broke loose and fuel was sprayed all over the helicopter. The pilot was forced to open the cockpit and jump into the flames to avoid being completely immolated. The pilot sustained third degree burns to his face and parts of his body.

Case Details

Settlement for the wrongful death of a U.S. Air Force pilot of an RF-4 on account of a defective micro-switch that allowed flares to be fired inadvertently causing a loss of control resulting in a crash. The Air Force jet was flying a mission to shoot flares. The flares were inside compartments on both sides of the fuselage. When the pilot armed the flare launching system from the cockpit, a light would come on to let the pilot know that the system was ready. For the flare launching system to work, clamshell doors had to open. The clamshell doors were opened by a series of bellcranks. When the doors were fully open, one of the bellcranks would depress a microswitch which would result in the system ready light to come on in the cockpit. On the occasion in question, the clamshell doors on one side failed to open, but the microswitch was stuck in the position it would be in if the doors had opened properly. The pilot got a ready light, even though the clamshell doors were closed. The pilot began launching flares, but because the clamshell doors failed to open, the flares exploded inside the fuselage causing a loss of control and the crash, killing the pilot. It was proved that the microswitch was defectively manufactured and had been in a position since the time of manufacture to give a ready light in the cockpit regardless of whether the clamshell doors were open or closed.

Settlement for the wrongful death of a U.S. Air Force pilot of an RF-4 on account of a defective micro-switch that allowed flares to be fired inadvertently causing a loss of control resulting in a crash. The Air Force jet was flying a mission to shoot flares. The flares were inside compartments on both sides of the fuselage. When the pilot armed the flare launching system from the cockpit, a light would come on to let the pilot know that the system was ready. For the flare launching system to work, clamshell doors had to open. The clamshell doors were opened by a series of bellcranks. When the doors were fully open, one of the bellcranks would depress a microswitch which would result in the system ready light to come on in the cockpit. On the occasion in question, the clamshell doors on one side failed to open, but the microswitch was stuck in the position it would be in if the doors had opened properly. The pilot got a ready light, even though the clamshell doors were closed. The pilot began launching flares, but because the clamshell doors failed to open, the flares exploded inside the fuselage causing a loss of control and the crash, killing the pilot. It was proved that the microswitch was defectively manufactured and had been in a position since the time of manufacture to give a ready light in the cockpit regardless of whether the clamshell doors were open or closed.

Case Details

Test28Settlement for child who developed a spinal cord injury caused by negligence of intra-operative spinal cord monitoring negligence during a spinal surgery. A teenage girl with severe scoliosis underwent a major spinal instrumentation procedure to straighten the curvature in her spine. During the operation, sophisticated intraoperative spinal cord monitoring was used. The purpose for such monitoring was to learn immediately if the spinal cord was being compromised so that the surgeons could assess and make whatever changes were needed. One of the important reasons for such monitoring is that the patient’s blood pressure is kept low in order to minimize the blood in the operative field. If the monitor indicates any problem, the usual response is to increase the patient’s blood pressure. During the operation in question, the monitor gave clear signals that the patient’s spinal cord was losing function. The technician who was monitoring the spinal cord function and the neurologist who was monitoring the spinal cord function neglected to inform the surgeon. At the time the patient’s spinal cord function began to change, the patient’s blood pressure was very low. At the end of the procedure, it was discovered that the patient had sustained a spinal cord injury. Thereafter it was learned that the monitoring equipment showed the changes, and that the technician tried to destroy and falsify the data that proved the patient was losing spinal cord function. The patient’s spinal cord injury was quite severe. However, she regained most of the spinal cord function in the following months.

Test28Settlement for child who developed a spinal cord injury caused by negligence of intra-operative spinal cord monitoring negligence during a spinal surgery. A teenage girl with severe scoliosis underwent a major spinal instrumentation procedure to straighten the curvature in her spine. During the operation, sophisticated intraoperative spinal cord monitoring was used. The purpose for such monitoring was to learn immediately if the spinal cord was being compromised so that the surgeons could assess and make whatever changes were needed. One of the important reasons for such monitoring is that the patient’s blood pressure is kept low in order to minimize the blood in the operative field. If the monitor indicates any problem, the usual response is to increase the patient’s blood pressure. During the operation in question, the monitor gave clear signals that the patient’s spinal cord was losing function. The technician who was monitoring the spinal cord function and the neurologist who was monitoring the spinal cord function neglected to inform the surgeon. At the time the patient’s spinal cord function began to change, the patient’s blood pressure was very low. At the end of the procedure, it was discovered that the patient had sustained a spinal cord injury. Thereafter it was learned that the monitoring equipment showed the changes, and that the technician tried to destroy and falsify the data that proved the patient was losing spinal cord function. The patient’s spinal cord injury was quite severe. However, she regained most of the spinal cord function in the following months.

Case Details

Settlement for a baby on account of cerebral palsy caused by group B streptococcus. The mother was tested positive for group B Strep during her prenatal period. A few days after she delivered, she was readmitted to the hospital with a frank uterine infection, that cultured positive for group B Strep. She was hospitalized and treated. No attention was focused on the baby. The baby was never given prophylactic antibiotics at birth and was not checked for infection when the mother returned to the hospital with the uterine infection. The baby developed group B Strep meningitis, which led to seizures and cerebral palsy.

Settlement for a baby on account of cerebral palsy caused by group B streptococcus. The mother was tested positive for group B Strep during her prenatal period. A few days after she delivered, she was readmitted to the hospital with a frank uterine infection, that cultured positive for group B Strep. She was hospitalized and treated. No attention was focused on the baby. The baby was never given prophylactic antibiotics at birth and was not checked for infection when the mother returned to the hospital with the uterine infection. The baby developed group B Strep meningitis, which led to seizures and cerebral palsy.

Case Details

Settlement for a man who sustained a brain injury on account of neurosurgical negligence. The patient underwent a shunt procedure. The patient developed an infection in his brain. The surgeon discharged the patient with the infected shunt still in place in his brain. The standard of care required that the shunt be removed if there was any sign of infection. The patient had to be readmitted to the hospital on many occasions to treat the infection and the complications of the infection. The neurosurgeon paid his policy limits of $500,000. The remainder of the settlement came from others.

Settlement for a man who sustained a brain injury on account of neurosurgical negligence. The patient underwent a shunt procedure. The patient developed an infection in his brain. The surgeon discharged the patient with the infected shunt still in place in his brain. The standard of care required that the shunt be removed if there was any sign of infection. The patient had to be readmitted to the hospital on many occasions to treat the infection and the complications of the infection. The neurosurgeon paid his policy limits of $500,000. The remainder of the settlement came from others.

Case Details

Settlement for an elderly man who was riding in the back of a pickup truck that was being driven by his son. The driver lost control and ran off the road. The pickup truck overturned and the victim was ejected. The victim sustained a spinal cord injury. Case was reported in the ATLA Law Reporter, 29 ATLA L. Rep. 67.

Settlement for an elderly man who was riding in the back of a pickup truck that was being driven by his son. The driver lost control and ran off the road. The pickup truck overturned and the victim was ejected. The victim sustained a spinal cord injury. Case was reported in the ATLA Law Reporter, 29 ATLA L. Rep. 67.

Case Details

61 year old female underwent a hysterectomy for cervical cancer. The gynecologist failed to confirm that she actually had cancer. She did not have cancer. She developed postoperative bleeding and died from the complications of the postoperative bleeding.

61 year old female underwent a hysterectomy for cervical cancer. The gynecologist failed to confirm that she actually had cancer. She did not have cancer. She developed postoperative bleeding and died from the complications of the postoperative bleeding.

Case Details

Settlement for a child for visual impairment caused by hospital newborn nursery negligence in over oxygenating a premature baby causing retinopathy of prematurity. The patient was born prematurely. As a result of his prematurity, the retinas in his eyes were not developed. It was known that giving such a baby excessive oxygen without monitoring the oxygen levels in the baby’s blood endangered the baby’s retinas. If the baby was given too much oxygen, the baby developed a condition known as retinopathy of prematurity, which caused the baby’s retina to peel away from the back of the eyeball, which leads to varying degrees of blindness. The newborn nursery in question administered excessive amounts of oxygen to the baby and did not monitor the oxygen levels in the baby’s blood stream. The baby did develop retinopathy of prematurity and visual impairment as a result.

Settlement for a child for visual impairment caused by hospital newborn nursery negligence in over oxygenating a premature baby causing retinopathy of prematurity. The patient was born prematurely. As a result of his prematurity, the retinas in his eyes were not developed. It was known that giving such a baby excessive oxygen without monitoring the oxygen levels in the baby’s blood endangered the baby’s retinas. If the baby was given too much oxygen, the baby developed a condition known as retinopathy of prematurity, which caused the baby’s retina to peel away from the back of the eyeball, which leads to varying degrees of blindness. The newborn nursery in question administered excessive amounts of oxygen to the baby and did not monitor the oxygen levels in the baby’s blood stream. The baby did develop retinopathy of prematurity and visual impairment as a result.

Case Details

Jury verdict for wrongful death of a man caused by emergency physician negligence in failing to recognize septicemia. The patient went to the emergency room with presumed food poisoning. However, he had an infection in his bowel that was developing into sepsis. The emergency room physician negligently discharged the patient. The patient went home, his sepsis severely worsened in a day, and he died.

Jury verdict for wrongful death of a man caused by emergency physician negligence in failing to recognize septicemia. The patient went to the emergency room with presumed food poisoning. However, he had an infection in his bowel that was developing into sepsis. The emergency room physician negligently discharged the patient. The patient went home, his sepsis severely worsened in a day, and he died.

Case Details

Settlement for brain injury sustained by a child undergoing a cardiac catheterization caused by the negligence of a pediatric cardiologist for proceeding when it was inappropriate to proceed. The child developed a cardiac arrest during the procedure, and there was a negligent failure to timely and properly resuscitate the child.

Settlement for brain injury sustained by a child undergoing a cardiac catheterization caused by the negligence of a pediatric cardiologist for proceeding when it was inappropriate to proceed. The child developed a cardiac arrest during the procedure, and there was a negligent failure to timely and properly resuscitate the child.

Case Details

Settlement for baby on account of cerebral palsy caused by obstetric nurse negligently attempting to reduce a prolapsed umbilical cord. The mother was in labor in a hospital labor and delivery unit. The labor nurse inappropriately ruptured the mother’s bag of waters which cause the umbilical cord to prolapse outside the mother’s vagina. The nurse inappropriately attempted to stuff the umbilical cord back up inside the uterus. The baby’s oxygen supply was compromised and there was delay in delivering the baby. The baby was born with an Apgar score of zero, and developed seizures and cerebral palsy.

Settlement for baby on account of cerebral palsy caused by obstetric nurse negligently attempting to reduce a prolapsed umbilical cord. The mother was in labor in a hospital labor and delivery unit. The labor nurse inappropriately ruptured the mother’s bag of waters which cause the umbilical cord to prolapse outside the mother’s vagina. The nurse inappropriately attempted to stuff the umbilical cord back up inside the uterus. The baby’s oxygen supply was compromised and there was delay in delivering the baby. The baby was born with an Apgar score of zero, and developed seizures and cerebral palsy.

Case Details

Settlement for wrongful death of man who died of a heart attack after negligently being sent home from the emergency room by an emergency medicine physician after being misdiagnosed and being told there was nothing wrong with his heart. The patient had clear signs and symptoms of cardiac ischemia and a myocardial infarction. The emergency room physician negligently diagnosed the patient as having indigestion and discharged the patient. The emergency room physician told the patient there was nothing wrong with his heart. The patient went to a chiropractor the next day, believing that his pain was due to his spine. The patient went into cardiac arrest while being worked on by the chiropractor and died.

Settlement for wrongful death of man who died of a heart attack after negligently being sent home from the emergency room by an emergency medicine physician after being misdiagnosed and being told there was nothing wrong with his heart. The patient had clear signs and symptoms of cardiac ischemia and a myocardial infarction. The emergency room physician negligently diagnosed the patient as having indigestion and discharged the patient. The emergency room physician told the patient there was nothing wrong with his heart. The patient went to a chiropractor the next day, believing that his pain was due to his spine. The patient went into cardiac arrest while being worked on by the chiropractor and died.

Case Details

Settlement for a baby on account of cerebral palsy caused by group B streptococcus due to obstetrical negligence in failing to screen the mother and treat during labor. This case was reported in the ATLA Professional Negligence Law Reporter at 10 PNLR 71.

Settlement for a baby on account of cerebral palsy caused by group B streptococcus due to obstetrical negligence in failing to screen the mother and treat during labor. This case was reported in the ATLA Professional Negligence Law Reporter at 10 PNLR 71.

Case Details

Case Details

Settlement for woman whose stage 1 breast cancer was not timely diagnosed allowing it to progress to stage 4 on account of a radiologist negligently interpreting a mammogram. The patient had a mammogram that clearly showed that she most likely had breast cancer. The radiologist interpreted the mammogram to be normal and not showing any indication of cancer. Over time, the cancer progressed, and was eventually diagnosed. When the cancer was finally diagnosed, it had progressed to stage 4. The radiologist paid his $1,000,000 policy limits and the primary care physician paid an additional $100,000.

Settlement for woman whose stage 1 breast cancer was not timely diagnosed allowing it to progress to stage 4 on account of a radiologist negligently interpreting a mammogram. The patient had a mammogram that clearly showed that she most likely had breast cancer. The radiologist interpreted the mammogram to be normal and not showing any indication of cancer. Over time, the cancer progressed, and was eventually diagnosed. When the cancer was finally diagnosed, it had progressed to stage 4. The radiologist paid his $1,000,000 policy limits and the primary care physician paid an additional $100,000.

Case Details

Case Details

Settlement for a baby on account of cerebral palsy caused by obstetrical negligence in attempting a breech delivery on a preterm baby. The mother presented to a hospital emergency room with the baby’s feet visible in the vagina. An obstetrician was summoned, and the obstetrician negligently delivered the baby vaginally, when he should have performed a Cesarean section. The baby’s head was entrapped because the cervix was not fully dilated. The baby’s oxygen supply was compromised because the umbilical cord was compressed. Further delay in delivering the baby caused the baby to become hypoxic. The baby developed seizures and cerebral palsy. The Case was reported in the ATLA Professional Negligence Law Reporter, 14 PNRL 152.

Settlement for a baby on account of cerebral palsy caused by obstetrical negligence in attempting a breech delivery on a preterm baby. The mother presented to a hospital emergency room with the baby’s feet visible in the vagina. An obstetrician was summoned, and the obstetrician negligently delivered the baby vaginally, when he should have performed a Cesarean section. The baby’s head was entrapped because the cervix was not fully dilated. The baby’s oxygen supply was compromised because the umbilical cord was compressed. Further delay in delivering the baby caused the baby to become hypoxic. The baby developed seizures and cerebral palsy. The Case was reported in the ATLA Professional Negligence Law Reporter, 14 PNRL 152.